Appeal dismissed; claimant was not employed at accident time and no longer disabled.
The appellant was injured in a motor vehicle accident and received weekly benefits from the respondent insurer until they were terminated.
The appellant appealed an arbitrator's decision finding he was not employed at the time of the accident under subsection 12(3) of the Statutory Accident Benefits Schedule and was limited to benefits under section 13.
The Director of Arbitrations upheld the arbitrator's finding that the appellant's employment relationship had ended months before the accident when he decided not to return to his courier job and sought other work.
The Director also upheld the finding that the appellant was no longer substantially unable to perform his essential tasks of personal care and household duties, preferring the medical evidence of the insurer's experts over a later, uncorroborated report from the appellant's physician.
The appeal was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 22, 1997